Letter: The Windsor Framework does not replace the protocol, but it does and always could amend it

My acquaintance with the News Letter does not quite go back as far as its founding year 1737 but runs close to the mid 18th century when it was a a source for a Ph.D thesis on Anglo-Irish Relations.

Later I read the News Letter again in the 1980s and 1990s for my career job as a diplomat dealing with Northern Ireland and Anglo-Irish relations based in Dublin and later Belfast, travelling and engaging extensively in Northern Ireland. I wanted to know how and what unionists thought. In retirement I still do. With that in mind I Intrude upon your letters page if I may.

It is clear to Irish diplomats that the excellent outcome in the Windsor Framework fairly extolled by Rishi Sunak could have been done several years ago if there had been political will in Westminster which unfortunately had more inclination to roil the Brexit waters than calm them.

I would like to draw your writers and readers to salient facts about the nature of the deal.

First, it does not replace the protocol, but it does and always could amend it. That is done within the terms of the EU/UK Joint Committee of the Withdrawal Agreement 2019 of which the protocol is part.

Second, the Joint Committee can amend it further if it decides that is required. Important for unionists to realise. I do not know if Northern Ireland’s politicians and officials have access to the Joint Committee to press their views, if not they should.

The relevant text in the Withdrawal Agreement is this: Point (d) of Article 164(5) of the Withdrawal Agreement empowers the Joint Committee to adopt decisions amending the Withdrawal Agreement, provided that such amendments are necessary to correct errors, to address omissions or other deficiencies, or to address situations unforeseen when the Agreement was signed, and provided that such decisions do not amend essential elements of that Agreement.

Dr Declan O’Donovan, Retired Ambassador, Dalkey, Co Dublin